I'm Online too... (Sexual Harassment)

After the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013 and the famous #Metoo movement in 2017, awareness of the subject has grown multi-folded. Though the issue raised were most from Media or Entertainment Industry, corporate world was also shivering with the affect it might have on the employees on-board.

A new style of working after COVID19 emergence has been interestingly named as “Pandemic style of working” by many, which has raised eyebrows on new aspects of Sexual Harrasment cases on working through Online Platforms.

As per a data shown in article “New Poll Details Widespread Harassment Online, Especially on Facebook” response magazine, worldpress.com by Tara Barnes few of the facts are mind openers.

·      Both men and women are harassed online too

·      Harassment is frequent under the age of 35 years which is considered as most vulnerable slot both in terms of fresh-faced (immature) and having fear of failure.

After going through a lot of articles some of the bottom line lessons learnt by me are shared below:

A. Statutory Provisions

As specific act has already been designed recently (POSH 2013) and is almost covering many factors responsible in Prevention, Prohibition and Redressal of Sexual Harassment, still many aspects are to be decided on case to case basis and Courts have to take a liberal and broader interpretation of facts specifically when an Online sexual harassment case has to be taken into consideration. Few of the factors are hereunder:

•  Non-Verbal cues - Additions have to be made in the Non-Verbal cues which may include hanging an obscene pic on profile pic, on virtual background, on wall behind, etc.
•  Workplace definition – As explicitly cleared by Advocate Bhawna Gandhi in her article “Sexual Harassment Vis-A-Vis Work From Home” and other legal counsels, to give life to the provisions of this social beneficial legislation, Courts have time again applied the principle of notional extension to broaden the concept of "workplace" as "extended workplace". Hence, the employee's home or any other place of virtual meeting becomes the notional office for the purpose of this Act.  
• Find evidences – Many apps including video conferencing ones allowed them to erase the trace of any such advances made. In such scenarios finding substantial evidences to prove harassment might be very difficult. Problems also arise when the act is done by a stranger in an online meeting.
• Grievance Redressal– It was found in multiple surveys that around 85% of companies didn’t even have Sexual Harassment policies while WFH. Not even policy formulation but the grievance redressal system may also be made online and speedy. The Ministry of Women & Child Development has also launched The SHe-Box, an online platform for reporting complaints of Sexual Harassment. Speedy redressal would be needed as substantial number of complainant might increase with the spur of online work.

With job cuts due to the COVID-19 pandemic becoming another major concern for employees, victims did not wish to report them fearing job loss which further reiterates need for Online Counselling by the organisations at the very onset of the procedure more than before.

 The problem further aggravates with more of workforce being contractual or working on a freelance basis wherein though covered in the definition of an employee as per Section-2(f) of the POSH Act (fairly wide to cover regular, temporary, ad hoc employees, individuals engaged on a daily wage basis, either directly or through an agent, contract laborers, co-workers, probationers, trainees, and apprentices, with or without the knowledge of the principal employer, whether for remuneration or not, working on a voluntary basis or otherwise, whether the terms of employment are express or implied) restrict themselves from raising an issue with a fear of long follow ups and enquiries.

In the changed scenario, out of 3 most used acts in POSH, now The Information Technology Act, 2000 has to be more importantly reviewed than The Indian Penal Code, 1860 and The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

B. Technology Advancements

Technology sector has taken a boom after Pandemic period. The newest technology may be learnt and controlled before put to use. Some steps may be:

• Control on features of Online Applications – Eg. Use of Audio/Video on during meetings, Entry of stranger, etc.
• Social Media privacy – Need of the hour is more to understand the Concept or the basic purpose of a specific Online Platforms than using it. Just posting or malicious use of any platforms for the sake of fun or recognition may easily create a havoc in straining the professional relationships.
• Online etiquette policy – Dress code, time of meeting restrictions, whom to invite, etc. are few indicators to be included in the Online Etiquette Policy formulated by organisations.
• Security of Online Apps pertaining to organisations eg. Payroll system, ATS, Attendance tracking, Performance Management systems, etc wherein leaked personal information even to another employee may be initiation of of Sexual Harassment scenario.

C. Behavioral Aspects

As already defined in the POSH Act "Sexual Harassment" means and includes: any one or more unwelcome acts or behavior viz. a demand or request for sexual favors; making sexually colored remarks; showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature whether directly or by implication”. Sensitization towards the following acts in addition to above is also required to be added under said definition.

·      Chatting or meeting in odd hours;

·      Sending or asking Unsolicited Pictures;

·      Online stalking on Social Media Platforms or other kinds;

·      Indecent behaviour during video calls;

·      Sexually coloured remarks in chats;

·      Lewd calls, messages or emails;

·      Offensive comments or jokes;

·      Sharing of unsolicited Online content;

·      Harassing based on not able to make Work life Balance; etc.

D. Awareness and Trainings 

These were and are essential tools and also will remain as the situation is growing complex in the coming years…

What would you choose out of the below:

·      Webinars and Short videos;

·      Info graphics that explain and provide examples of the possible;

·      Technical trainings for Statutory rules and Grievance Procedures;

·      Counselling cells;

·      Controlled Group discussions between Management and Female employees or Female and Male Employees on the subject; etc.

All the above facts amplifies the need of aggressive steps to be taken by the organizations as suggested above and summarized in the figure below or they can add on some more to be as creative with the ever changing times... We just have to keep on remembering being more Human and Creating Trust in the era where the Work relationships are tending to be Temporary and of shorter span.

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References and reads:

1. https://www.thehindubusinessline.com/opinion/dealing-with-sexual-harassment-in-the-virtual-workplace/article31403719.ece
2. https://feminisminindia.com/2018/09/03/online-sexual-harassment/
3. https://www.ibtimes.sg/workplace-sexual-harassment-shifts-online-during-coronavirus-lockdown-reveals-survey-46833
4. https://hr.economictimes.indiatimes.com/news/trends/employee-experience/lockdown-working-women-complain-of-online-sexual-harassment-say-experts/76146550
5. https://www.outlookindia.com/newsscroll/lockdown-working-women-complain-of-online-sexual-harassment-say-experts/1852557
6. https://www.peoplematters.in/article/life-at-work/online-sexual-harassment-a-legal-insight-for-working-women-27108
7. https://www.theleaflet.in/prevention-of-sexual-harassment-at-online-workplace/#
8. https://www.mondaq.com/india/discrimination-disability-sexual-harassment/1027832/sexual-harassment-in-the-online-workplace